Record the cost consequence of an unaccepted offer of judgment
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the offer and the docket, record the date set for trial, the date the offer was served, the date any written acceptance was served, and, if a judgment has been entered, the judgment the offeree obtained. Do not decide that the judgment is less favorable than the offer, and do not compute a cost figure.
- What the lawyer must review
- The lawyer applies Federal Rule of Civil Procedure 68 in a federal civil action. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may file the offer, the notice of acceptance, and proof of service, and the clerk must enter judgment. An unaccepted offer is considered withdrawn. It does not preclude a later offer. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made. When liability has been determined but the extent of liability remains to be determined, the party held liable may serve an offer within a reasonable time, but at least 14 days, before the date set for the hearing on the extent of liability. The same offer, acceptance, and cost text appears on the second rule-text page. The rule does not mention indemnity costs, and it is not limited to defamation. The lawyer decides whether the judgment is more favorable than the offer and what costs the rule reaches in this case.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.